Hi,
I have recently noticed a few Affordable Housing Policies which look for an off site contribution in the circumstances where a Rural Worker Occupancy Condition is to be removed via a section 73 application.
I can understand the logic behind this where the property was excluded from a contribution when built at a time where such contributions were requested in respect of open market housing, but I am struggling to see the justification where the dwelling was built years ago before any Affordable Housing Policies, and resulting financial contributions, were in place.
I have also noticed some Councils requesting Affordable Housing Contributions when Agricultural Occupancy Conditions are being removed where there is no Policy referring to such contributions within their Plans and Policies whereby the applicant would not be able to anticipate such a request.
If you have demonstrated a lack of need for a Rural Worker/Agricultural Occupancy Condition and, if required, shown that the dwelling is not suitable to meet any local Affordable Housing Need, I do not see how a s106 obligation for an off site contribution would meet the three tests for obligations whereby it could be seen to be;
(a)necessary to make the development acceptable in planning terms;
(b)directly related to the development;
(c)fairly and reasonably related in scale and kind to the development;
To me I just see a C3 property (not classed in the NPPF as Affordable Housing) which will have no increase in footprint.
Could someone please explain it to me?
